An accused child molester remains in custody while his trial is on hold because the state Supreme Court agreed to consider a key issue in the case.

Stanley Duncan, 66, will continue residing in the county jail in Mount Clemens on a $1.25 million bond after Judge Matthew Switalski denied his bond reduction motion. Duncan, whose wife operated a day-care center at their Fraser home, has been jailed since June 2011 when he was charged with molesting three young girls, two girls aged 3 and 4 between 2009 and 2011, and a young girl in 1990s who is now an adult.

Duncan's defense attorney, Timothy Barkovic, argued that Duncan's confinement violates his right to a speedy trial, and the current delay is the prosecution's fault. He asked for a realistic bond in which the judge could set strict conditions.

But the judge agreed with assistant Macomb prosecutor Nicole Blank, who in arguing against lowering Duncan's bond noted, "You have a confessed child molester standing before you." She said Duncan would present a danger to the public. "He fits the classic definition of a predator," she said

Advertisement

In his confession, which has not yet been revealed in court, Duncan admitted to dozens of specific incidents in which he touched or penetrated his three accusers, Blank said. In addition, he admitted to touching the private parts of other young girls, she said, adding that Duncan's reasoning was, "I just lost it; I don't know why," and, "They liked it."

He said she worries he would flee once released on bond because he faces multiple charges punishable by up to life in prison.

She added that many of the prior delays were caused by the defense.

A dozen or so family members and relatives of the two young accusers attended the hearing. The father of the one of the girls said he was pleased that Duncan will remain behind bars.

He said if the bond issue comes to court again, "We will fill the courtroom ... to put pressure on the judge to make the right decision.

"I'm trying to give my daughter a voice. I want to make sure justice is done."

Switalski said he would reconsider a request to free Duncan later depending on the Supreme Court, which last week agreed to hear Prosecutor Eric Smith's appeal of the state Court of Appeals' backing Switalski's decision last fall. Switalski rejected Blank's request to present to the jury prior testimony of one of the alleged victims who was deemed unfit to testify at the trial because she could not distinguish between the truth and a lie during the judge's preliminary questioning. The girl previously testified twice about incidents in district court, but Switalski ruled the girl did not fit the definition of being an "unavailable" witness.

The high court agreed to consider whether the girl should be considered unavailable as defined in state law. The appeals court said prosecutors failed to prove she suffered from "mental illness or infirmity."

Arguments will be presented to justices in April. A decision likely would come in about July or August, attorneys said.

The girl's testimony is critical for the case against Duncan's estranged wife, Vita, 63, who is charged as an aider and abettor. That girl is the only one of three who say Vita knew about the alleged assaults.

The trial started last September but was halted twice in October due to the legal issues.

Barkovic has contended the current jury, which remains in place, has been tainted because the girl's parents testified before her about the alleged incidents.

He accused Blank of "putting them (witnesses) in an order that created an error in this case."